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WORM v. HARRISON

No. 6490.

98 F.2d 977 (1938)

WORM v. HARRISON.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied October 12, 1938.

Attorney(s) appearing for the Case

Gerald G. Barry, of Chicago, Ill., for appellant.

James W. Morris, Asst. Atty. Gen., Ellis N. Slack, Sewall Key, J. Louis Monarch, and Lester L. Gibson, Sp. Assts. to Atty. Gen., and Michael L. Igoe, U. S. Atty., and D. L. Bazelon, Asst. U. S. Atty., both of Chicago, Ill., for appellee.

Before SPARKS, MAJOR, and TREANOR, Circuit Judges.

SPARKS, Circuit Judge.

This appeal is from a judgment of the District Court in a suit brought by appellant's decedent to recover income taxes paid by him for the year 1923. He subsequently died and his administratrix was substituted as plaintiff.

The substantive facts out of which this action arose are set forth in Worm v. Commissioner, 7 Cir., 61 F.2d 868. That suit was instituted by the decedent and involved the same income...

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